JONES v. MAGILL. 179

made to him the bill of sale of the 10th of August, 1822, which
was intended for that purpose only, and not to secure or benefit
Jones, in any manner, on account of his liability to Gittings
on the note for $500: this defendant admits, that Warfield did
convey to the plaintiff two negroes by the bill of sale of the 5th
of April, 1823; but he denies, that he had any knowledge of,
or agency directly or indirectly in concealing, or removing those
negroes from this State; that the testator of the plaintiff in his
lifetime, and this plaintiff, since his death, have frequently pro-
mised to pay the note of $500 to this defendant; and finally,
this defendant admits, that he has obtained judgment and levied
execution, as stated in the bill, and prays that the injunction may
be dissolved, &c.

The defendant Harding filed his answer on the 16th of May,
1825, in which he says, he admits, that he was indebted to Magill
as stated; that, in consideration, and in full satisfaction of that
debt, he conveyed to Magill the two negroes John and Westley,
which negroes Magill, whose wife is the sister of this defendant's
wife, conveyed in trust for the use of the children of this defendant,
intending it as a gift to them from their aunt; that the whole
transaction was bonafide, and without fraud: this defendant denies,
that he ever agreed with the plaintiff, that the value of those negroes,
if more than sufficient to satisfy the note for $326 81, should be
applied to the satisfaction of the note for $500; that this defendant,
at the instance and request of the late Abraham Jones, borrowed
of the defendant Gittings the sum of $500, which he delivered over
to Jones for his use; that they gave their note to Gittings for the
amount so borrowed; and although this defendant's name stands
first in order as being apparently the principal obligor; yet he is,
in fact, no more than the mere surety of Jones, which fact is well
known to the defendant Gittings; that this defendant borrowed
from the Bank of Westminster the sum of $1,000, for which he
gave his note with Abraham Jones, Alexander Warfield, and Richard
Beall, as his sureties; and at the instance of Warfield, and for the
purpose of saving him and his other sureties harmless, after that
note had been reduced by payments to $730, he conveyed to him
by the bill of sale of the 10th of August, 1822, property to the
value of $1,250; and this defendant denies, that it was intended,
in any manner, as a security for the payment of the note of $500:
this defendant admits, that he has sold the negroes, Nelson and